McCabe v. Ireland [1999] IESC 52; [1999] 4 IR 151; [2000] 1 ILRM 410 (7th July, 1999)

McCabe v. Ireland [1999] IESC 52; [1999] 4 IR 151; [2000] 1 ILRM 410 (7th July, 1999)

The trial of preliminary issues of law is appropriate where the facts relevant to those issues are not in dispute or are accepted for the purpose of the issue. The High Court was correct to direct the trial of preliminary issues on the basis that the plaintiff's averments are true for that purpose and to postpone discovery until after the preliminary issue is determined.

Citation
[1999] IESC 52
Parties
Plaintiff/appellant: Plaintiff/Appellant; Defendants/respondents: Defendants/Respondents
Jurisdiction
Ireland
Procedural Posture
Appeal / Interlocutory/preliminary Issue Order
Outcome
Appeal dismissed; High Court order affirmed
Legal Topics
Duty of Care, Preliminary Issues, Discovery, Negligence, Statutory Duty
Tort Law Civil Procedure Duty of Care Preliminary Issues Discovery Negligence Statutory Duty

Case Brief

Summary, issues, holding and outcome

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Parties

Plaintiff/Appellant

Plaintiff/appellant

Defendants/Respondents

Defendants/respondents

Procedural Posture

Appeal / Interlocutory/preliminary Issue Order

Legal Issues

  1. 1 Whether the defendants owed a duty of care at common law in releasing prisoners on temporary release
  2. 2 Whether the defendants owed a duty of care in monitoring or supervising persons on temporary release
  3. 3 Whether the defendants owed any statutory duties in connection with temporary release of prisoners

Ratio Decidendi

The trial of preliminary issues of law is appropriate where the facts relevant to those issues are not in dispute or are accepted for the purpose of the issue. The High Court was correct to direct the trial of preliminary issues on the basis that the plaintiff's averments are true for that purpose and to postpone discovery until after the preliminary issue is determined.

Court Disposition

Appeal dismissed; High Court order affirmed

Orders

  • Preliminary issues of law to be tried on the basis that plaintiff's averments are true for that purpose
  • Order for discovery postponed to be dealt with by the High Court judge trying the preliminary issues